It is an awful thing when a tenant has an accident in their own home. However, what many tenants probably don’t realise that in certain circumstances a Landlord can be held responsible for their tenant's injuries.
There are a variety of situations where a Landlord is liable for their tenant's injuries, with the majority of them linking to safety regulations within the property. These include violating safety laws, not fixing a dangerous condition, fixing it but in a careless way or not fixing the dangerous condition in a timely manner.
As stated online in order for a tenant to be able to sue a Landlord successfully for their injury, the tenant must show that a Landlords action, or inaction, is what directly caused the injury.
A Landlord can also be sued for negligence if they had knowledge of a hidden danger but didn’t bring it to the tenant's attention. Or knew of a small precaution could have been put in place and eliminated the chance of an accident altogether. Knowledge is power in these situations even if the Landlord didn’t intend any harm with what they knew.
How Do I Eliminate the Risk?
To eliminate the chance of any injury in your home the solution is simple. Ensure that you are keeping the lines of communication open with your Landlord at all times regarding any outstanding maintenance or anything that is concerning you regarding the property. Even if it ends up being nothing to worry about, a Landlord will be grateful that their tenant is paying attention to the property and ensuring any issues are being brought to their attention.
After all, if there is a leak in the roof, or an appliance not working as it should, you as the tenant are the only one who will know and have the ability to report it. When you sign your tenancy agreement you have a responsibility to bring any issues to the Landlords attention. Having a good relationship with your Landlord is a two-way street and by showing you want to keep the property safe and in top condition the Landlord will be even more willing to do their part and keep everything in order.
To conclude most tenants are unaware of their rights when it comes to claiming against their Landlord for an injury that has occurred in their rental property. In these extreme scenarios a tenant in specific circumstances may be able to receive some compensation. However, the real message to be taken from this blog is to ensure that these unsafe conditions never happen by keeping a good rapport with your Landlord and ensuring any issues are reported quickly and efficiently. This will keep everyone safe and happy.